`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`CARIS MPI, INC.,
`
`Plaintiff,
`
`v.
`
`FOUNDATION MEDICINE, INC.
`
`Defendant.
`____________________________________
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`C.A. No. 1:17-cv-12194
`
`
`
`
`
`DEFENDANT’S MOTION FOR LEAVE TO FILE A CORRECTED REPLY BRIEF IN
`SUPPORT OF FOUNDATION MEDICINE’S MOTION TO DISMISS FOR LACK OF
`PATENTABLE SUBJECT MATTER AND WRITTEN DESCRIPTION
`
`
`Pursuant to Local Rule 7.1(b)(3), Defendant Foundation Medicine, Inc. (“FMI”) hereby
`
`moves this Court for leave to file a corrected reply brief in support of its motion to dismiss the
`
`complaint for lack of patentable subject matter and lack of written description.
`
`
`
`On January 16, 2018, FMI filed a Motion to Dismiss Plaintiff’s Complaint and an
`
`accompanying brief in support thereof. (Dkt. Nos. 22, 23.) On March 1, 2018, Plaintiff filed an
`
`opposition to FMI’s motion. (Dkt. No. 31.) On March 20, 2018, FMI filed an unopposed
`
`Motion for Leave to File a Reply Brief in Support of FMI’s Motion to Dismiss. (Dkt. No. 33.)
`
`On April 2, 2018, the Court granted FMI’s Motion for Leave to File a Reply Brief in Support of
`
`FMI’s Motion to Dismiss. (Dkt. No. 34.) On April 3, 2018, Plaintiff filed an unopposed Motion
`
`for Leave to File a Sur-Reply Brief in Opposition to FMI’s Motion to Dismiss. (Dkt. No. 35.)
`
`Although the Court granted FMI’s motion for leave, FMI has not yet filed its proposed
`
`reply brief. FMI’s original proposed reply brief inadvertently misstated the holding of DDR
`
`Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014). Immediately after this point
`
`- 1 -
`
`
`
`Case 1:17-cv-12194-MLW Document 37 Filed 04/05/18 Page 2 of 3
`
`was brought to FMI’s attention through Plaintiff’s proposed sur-reply brief (Dkt No. 35-1), FMI
`
`contacted Caris’s counsel and sought their assent to file a corrected proposed reply brief with a
`
`revised description of the holding in DDR Holdings. No other substantive amendments have
`
`been made to the corrected proposed reply brief. Caris does not oppose FMI’s Motion for Leave
`
`to File a Corrected Reply Brief.
`
`A copy of the corrected proposed reply brief is attached hereto as Exhibit A.
`
`
`
`
`
`
`
`Dated: April 5, 2018
`
`Respectfully submitted,
`
`
`/s/ David B. Bassett
`David B. Bassett (BBO #551148)
`WILMER CUTLER PICKERING HALE
` AND DORR, LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`Tel.: (212) 230-8800
`Fax: (212) 230-8888
`david.bassett@wilmerhale.com
`
`Vinita Ferrera (BBO #631190)
`Alexandra W. Amrhein (BBO #676604)
`Kevin M. Yurkerwich (BBO #689909)
`WILMER CUTLER PICKERING HALE
` AND DORR, LLP
`60 State St.
`Boston, MA 02109
`Tel.: (617) 526-6000
`Fax: (617) 526-5000
`vinita.ferrera@wilmerhale.com
`alexandra.amrhein@wilmerhale.com
`kevin.yurkerwich@wilmerhale.com
`
`Attorneys for Defendant
`Foundation Medicine, Inc.
`
`
`
`- 2 -
`
`
`
`Case 1:17-cv-12194-MLW Document 37 Filed 04/05/18 Page 3 of 3
`
`
`
`LOCAL RULE 7.1 CERTIFICATION
`
`Pursuant to Local Rule 7.1(a)(2), I hereby certify that on April 3-5, 2018 the parties met
`and conferred in a good faith effort to resolve or narrow the issues presented by this motion.
`Counsel for Plaintiff does not oppose this motion.
`
`/s/ Alexandra W. Amrhein
`Alexandra W. Amrhein (BBO #676604)
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the above document, filed through the ECF system,
`will be sent electronically to the registered participants of record as identified on the Notice of
`Electronic Filing on April 5, 2018.
`
`/s/ David B. Bassett
`David B. Bassett (BBO #551148)
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
